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People vs. Obligado - G.R. No. 171735 - 585 SCRA 380 - 16 April 2009

The appellant Obligado was found guilty of murdering Felix Oliveros. The Court of Appeals affirmed his guilt but modified the civil liabilities, considering the mitigating circumstance of voluntary surrender. However, the Supreme Court found that the mitigating circumstance did not apply since Obligado was intercepted by police and had no choice but to surrender. The Court awarded civil indemnity of 75,000 pesos, 15,000 pesos in actual damages based on receipts, 50,000 pesos in moral damages as mandatory for murder, and 25,000 pesos in exemplary damages due to the treacherous killing. Loss of income claims were denied due to lack of documentary evidence.

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37 views1 page

People vs. Obligado - G.R. No. 171735 - 585 SCRA 380 - 16 April 2009

The appellant Obligado was found guilty of murdering Felix Oliveros. The Court of Appeals affirmed his guilt but modified the civil liabilities, considering the mitigating circumstance of voluntary surrender. However, the Supreme Court found that the mitigating circumstance did not apply since Obligado was intercepted by police and had no choice but to surrender. The Court awarded civil indemnity of 75,000 pesos, 15,000 pesos in actual damages based on receipts, 50,000 pesos in moral damages as mandatory for murder, and 25,000 pesos in exemplary damages due to the treacherous killing. Loss of income claims were denied due to lack of documentary evidence.

Uploaded by

Lea Andrelei
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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People vs. Obligado | G.R. No.

171735 | 585 SCRA 380 | 16 April 2009 Facts: Appellant Obligado was charged of murder for having killed a certain Felix Oliveros with the qualifying circumstance of treachery. RTC found appellant guilty of murder beyond reasonable doubt. CA affirmed the guilt of the appellant but modified the civil liabilities imposed by the RTC, in consideration of the mitigating circumstance of the accused having surrendered himself to the police. Thus, it deleted the award of exemplary damages and instead ordered appellant to pay moral damages in the amount of P50,000.00. Issue: Whether the decision of the CA as to the award is correct. Held: The mitigating circumstance of voluntary surrender should not have been considered. For it to be appreciated, the defense must prove that: the offender had not been actually arrested; the offender surrendered himself to a person in authority; the surrender was spontaneous and voluntary.

Inasmuch as he was intercepted by the arresting officers there, appellant had no means of evading arrest. His surrender therefore was neither voluntary nor spontaneous. On the contrary, the aforementioned circumstances revealed that he had no option but to yield to the authorities. Award of Damages Civil indemnity ex delicto P 75,000.00, in conformity with recent jurisprudence Loss of earning capacity Although the widow testified that the victim earned P5,000.00 per month as a driver, such indemnity is not awarded in the absence of documentary evidence except where the victim was either self-employed or was a daily wage worker earning less than the minimum wage under current labor laws. Since it was neither alleged nor proved that the victim was either self-employed or was a daily wage worker, indemnity for loss of earning cannot be awarded to the heirs of the victim. Actual damages - Only receipted expenses can be the basis of actual damages arising from funeral expenditures, which the prosecution presented amounting to P15,000. Since the receipted expenses of the victims family was less than P25,000.00, temperate damages in the said amount can be awarded in lieu of actual damages. Moral damages P50,000.00, mandatory in the case of murder (no need to allege and prove such damages) Exemplary damages P25,000.00, since the killing of the victim was attended with treachery

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